The same 21 states originally filed a lawsuit against the overtime rule, alongside many of the same employer groups. Attorneys General claim that the rule could have "disastrous effects" on the states' economies. This new push is largely considered a last ditch effort in case legislation does not pass, SHRM notes.

Dive Insight:

As the U.S. closes in on the Dec. 1 date for overtime implementation, many are scrambling to both prepare for its implementation and attempt to delay it. It's yet to be seen if an injunction will be granted, though experts have told HR Dive that the general outcome of the case will likely depend on whether the court believes the DOL has overstepped its bounds with the new threshold.

The threshold, which will be pushed to $47,476, is more than double the original threshold of $23,660. Employers should continue to prepare for the change. Just recently, Wal-Mart revealed that they are coping with the rule by upping manager salaries, for example.